Pnc Bank, National Association, Successor To Pnc Equipment Finance, Llc Vs. Backyard Depot, Inc. Et Al

Defendant Christopher DeLand's Motion for Reconsideration

PNC Bank, National Association, Successor to PNC Equipment Finance, LLC's Memorandum in Opposition to party in interest's Motion for Reconsideration

Judgment by Default. It is ORDERED and ADJUDGED:: ORDER ON MOTION TO ASSESS DAMAGES AND ENTER FINAL JUDGMENT AGAINST BACKYARD DEPOT, INC. ONLY PERMANENT INJUNCTION: It is hereby ORDERED and ADJUDGED that: 1. The defendant Backyard Depot, Inc., and its officers, directors, shareholders, members, managers, agents, servants, employees, and those acting in concert with them, be restrained and enjoined from using, concealing, selling, disposing, hypothecating, or transferring in any the 2019 JCB 407 Wheel Loader, serial number 2560086. 2. Pursuant to the Loan and Security Agreement and UCC filing, the plaintiff may take possession and/or sell or otherwise dispose of the equipment in the event of the default of Backyard Depot, Inc. 3. Pursuant to Count III of the plaintiff's Verified Complaint, the defendant Backyard Depot, Inc., its agents, assignees, representatives, officers, agents, and employees must turn over the equipment. 4. Backyard Depot, Inc., and its officers, directors, shareholders, members, managers, agents, servants, employees, and those acting in concert with them be ordered to refrain from interfering with the plaintiff's right to repossess and liquidate the equipment. ORDER FOR SEPARATE AND FINAL JUDGMENT: Judgment shall enter in favor of the plaintiff PNC Bank National Association, successor to PNC Equipment Finance, LLC, and against the defendant Backyard Depot, Inc. in the amount of $41,545.29, which includes attorney's fees in the amount of $3,330.00, plus pre-judgment interest and costs as allowed by law. Further, the court finds that there is no just reason for a delay in issuing a judgment against Backyard Depot, Inc. as a Separate and Final Judgment. SO ORDERED. Janice W Howe Justice of the Superior Court Dated: October 6, 2023 [FOR FULL TEXT OF ORDER ON ORDER ON MOTION TO ASSESS DAMAGES AND ENTER FINAL JUDGMENT AGAINST BACKYARD DEPOT, INC. ONLY SEE PAPER NO. 31]

Status review notice returned Notice to Appear for hearing strike; Notice to Appear for Damage Assessment Hearing Served Applies To: Veerman, Esq., Daniel J (Attorney) on behalf of PNC Bank, National Association, Successor to PNC Equipment Finance, LLC (Plaintiff)

Endorsement on Motion to strike (#23.0): ALLOWED After review, the plaintiff's motion to strike is allowed for the reasons stated in the motion.

Plaintiff PNC Bank, National Association, Successor to PNC Equipment Finance, LLC's Motion for assessment of damages Applies To: Backyard Depot, Inc. (Defendant)

Plaintiff PNC Bank, National Association, Successor to PNC Equipment Finance, LLC's Notice of Withdrawal of Request for Default Judgment as to Leslie Deland

Certificate of service of attorney or Pro Se: Pro Se

Endorsement on Motion for Reconsideration (#29.0): DENIED The motion is DENIED for failure to comply with Superior Court Rule 9A

Affidavit filed by Plaintiff PNC Bank, National Association, Successor to PNC Equipment Finance, LLC in support of

Rule 9A notice of filing

other document, returned SERVED 14 Day Notice of Hearing Applies To: Backyard Depot, Inc. (Defendant); Deland, Leslie (Defendant); DeLand, Christopher (Defendant)

PNC Bank, National Association, Successor to PNC Equipment Finance, LLC's request for Default JUDGMENT 55(b)(1) Applies To: Veerman, Esq., Daniel J (Attorney) on behalf of PNC Bank, National Association, Successor to PNC Equipment Finance, LLC (Plaintiff)

Affidavit of compliance with Superior Court Rule 9A Applies To: Veerman, Esq., Daniel J (Attorney) on behalf of PNC Bank, National Association, Successor to PNC Equipment Finance, LLC (Plaintiff)

Entered as to: Defendant Backyard Depot, Inc.: Defaulted by 55(a) request;

Affidavit filed by Daniel J Veerman, Esq.for Attorney's Fees

Opposition to Plaintiff's Motion to Strike Counterclaim filed by Christopher DeLand

Rule 9A list of documents filed.

Plaintiff's Notice of intent to file motion to Strike the Defendant's Counterclaim Applies To: PNC Bank, National Association, Successor to PNC Equipment Finance, LLC (Plaintiff)

PNC Bank, National Association, Successor to PNC Equipment Finance, LLC's request for Default 55(a) Applies To: Backyard Depot, Inc. (Defendant)

Plaintiff PNC Bank, National Association, Successor to PNC Equipment Finance, LLC's Motion to strike the defendant's counterclaim of wrongful foreclosure

PNC Bank, National Association, Successor to PNC Equipment Finance, LLC's Memorandum of Law in support of plaintiff's motion to strike defendant's counterclaim for wrongful foreclosure

Service Returned for Defendant Backyard Depot, INC: Service made in hand to Christopher Deland 250 Highland Ave Salem Ma

Opposition to plaintiff's request for default judgement filed by Leslie Deland

Received from Other interested party DeLand, Christopher: Answer with a counterclaim THE COUNTERCLAIM PORTION OF THIS ANSWER IS HEREBY STRICKEN-SEE ENDORSEMENT OF 09/25/2023 on P#23

Summons and order of notice issued on a Motion for a Preliminary Injunction , returnable on 03/30/2023 02:30 PM Hearing on Preliminary Injunction.

Opposition to Plaintiff's Motion for Preliminary Injunction filed by Christopher DeLand

Answer to original complaint Applies To: Deland, Leslie (Defendant)

Endorsement on Motion for a Preliminary Injunction (#3.0): DENIED DENIED. See Memo of Decision & Order - Paper No. 17. Judge: Tabit, Hon. Salim

MEMORANDUM & ORDER: SUMMARY DECISION AND ORDER ON PLAINTIFF'S EMERGENCY MOTION FOR A PRELIMINARY INJUNCTION [CONCLUSION OF ORDER:] "[B]ecause the court determines that PNC has failed to make a showing of irreparable harm, it need not balance the relevant harm to be suffered by the parties. For the reasons set forth above, PNC's motion is DENIED. SO ORDERED." Salim Rodriguez Tabit Justice of the Superior Court Date: June 2, 2023 [FOR FULL TEXT OF DECISION AND ORDER, SEE PAPER NO. 17] Judge: Tabit, Hon. Salim

Other Interested Party Christopher DeLand's Motion for Joinder

Service Returned for Defendant Deland, Leslie: Service made at last and usual 18 Relay Street Lynn Ma

Case assigned to: DCM Track F - Fast Track was added on 03/07/2023

Summons and order of notice issued on a Motion for a Preliminary Injunction , returnable on 03/23/2023 02:30 PM Hearing on Preliminary Injunction.

Attorney appearance electronically filed. Applies To: Burger, Esq., Andrew (Attorney) on behalf of Deland, Leslie (Defendant)

Plaintiff PNC Bank, National Association Successor to PNC Equipment Finance, LLC's Motion for Short Order of Notice on its Motion for Injunction

Civil action cover sheet filed.

Case file images: Notice to Appear for Hearing on Preliminary Injunction (4/18/23)

Service Returned for Defendant Backyard Depot, INC: Service through person in charge / agent Christopher Deland at 4 Crosby Street, Salem, MA 01970.

Notice to appear for hearing on Preliminary Injunction

Service Returned for Defendant Deland, Leslie: Service made at last and usual at 18 Relay Street Lynn, MA 01904 and by mailing 1st class to the above address on 3/29/2023.

Summons and order of notice issued on a Motion for a Preliminary Injunction , returnable on 03/30/2023 02:30 PM Hearing on Preliminary Injunction.

Plaintiff(s) PNC Bank, National Association Successor to PNC Equipment Finance, LLC's Motion for a Preliminary Injunction

Verified Complaint